QARTA Terms and Conditions

Last Updated: October 7, 2025

1. Introduction

1.1 About Us

These Terms and Conditions govern your use of the website qarta.ge (the "Website") and the services provided through it. The Website is operated by:

შპს მფრინავი სპილო (LLC Flying Elephant)
Trading as: QARTA
Legal Form: Limited Liability Company
Identification Number: 405681178
Registration Number and Date: 05/03/2024
Registered by: LEPL National Agency of Public Registry
Address: 14 Merab Kostava St, Tbilisi, 0108, Georgia Contact Email: hi@qarta.ge

(Referred to as "QARTA", "we", "us", or "our")

1.2 Agreement to Terms

By accessing and using our Website, creating an account, or placing an order, you ("User", "you", or "your") agree to be bound by these Terms and Conditions and our Privacy Policy. These documents together form a binding legal agreement between you and QARTA.

1.3 Acceptance

If you do not agree to these Terms and Conditions, you must not use our Website or services.

1.4 Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age to use our services. By registering, you confirm that you are of legal age and have the legal capacity to enter into this agreement.

2.2 Account Creation

To use our photobook builder service and place orders, you must create an account by providing:

• Full name
• Email address
• Phone number
• Delivery address
• Password

2.3 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must not share your account with others
• You must notify us immediately at hi@qarta.ge if you suspect unauthorized access to your account
• You are responsible for all activities that occur under your account

2.4 Accurate Information

You warrant that all information provided during registration and ordering is accurate, complete, and current. You agree to update this information promptly if it changes.

2.5 Account Suspension

We reserve the right to suspend or terminate your account if:

• You breach these Terms and Conditions
• You provide false or misleading information
• We suspect fraudulent activity
• Required by Georgian law

3. Our Photobook Service

3.1 Service Description

QARTA provides an online photobook builder service that allows you to:

• Upload your photos to our platform
• Design personalized photobooks using our tools
• Order printed photobooks for delivery

3.2 Photo Upload and Storage

• You may upload photos in supported formats (JPEG, PNG)
• Photos are stored securely on Cloudflare R2 storage
• Photos are automatically deleted after 90 days from upload date
• We recommend downloading or backing up your photos before this period expires
• Once deleted, photos cannot be recovered

3.3 Service Availability

• We strive to maintain 24/7 availability of our Website
• We do not guarantee uninterrupted access and are not liable for temporary unavailability due to maintenance, technical issues, or circumstances beyond our control

4. User Content and Copyright

4.1 Your Content Ownership

You retain full ownership of all photos and content you upload to QARTA.

4.2 License to QARTA

By uploading content to our service, you grant QARTA a limited, non-exclusive license to:

• Store and process your photos
• Create photobooks as per your instructions
• Use your content solely for the purpose of providing our services

This license terminates when your photos are deleted after 90 days or when you delete them manually.

4.3 Content Responsibilities

You are solely responsible for ensuring that your uploaded content:

✓ You Own or Have Permission

• You own the copyright to all photos
• You have obtained necessary permissions from copyright holders
• You have consent from all identifiable persons in the photos

✗ Prohibited Content You must not upload content that:

• Infringes any copyright, trademark, or intellectual property rights
• Is illegal, offensive, defamatory, threatening, or abusive
• Contains pornographic, obscene, or indecent material
• Promotes discrimination, hatred, or violence
• Contains personal information of others without their consent
• Violates any Georgian laws or regulations

4.4 Content Review

We reserve the right to:

• Review uploaded content for compliance with these Terms
• Refuse to print or remove content that violates these Terms
• Cancel orders containing prohibited content without refund

4.5 Your Indemnification

You agree to indemnify and hold QARTA harmless from any claims, damages, or expenses arising from your violation of copyright or other rights through content you upload.

5. Placing Orders

5.1 Order Process

1. Create and design your photobook using our builder
2. Review your design carefully
3. Add to cart and proceed to checkout
4. Provide delivery information
5. Select payment method and complete payment
6. Receive order confirmation email

5.2 Order Confirmation

• An order is only confirmed when you receive an order confirmation email from us
• We reserve the right to accept or reject any order at our discretion
• Payment authorization does not guarantee order acceptance

5.3 Reasons for Order Rejection

We may reject or cancel an order if:

• The product is out of stock
• Payment authorization fails
• Pricing or product description error occurred
• Content violates our Terms and Conditions
• We suspect fraudulent activity
• Technical errors in the order

5.4 Proofing Responsibility

IMPORTANT: You are responsible for reviewing and proofing your photobook design before placing your order, including:

• Spelling and grammar
• Photo quality and resolution
• Layout and formatting
• Color accuracy (note: screen colors may vary from print)
• Completeness of content

We cannot edit or cancel orders once placed and payment is confirmed.

5.5 Order Modifications

Orders cannot be modified or cancelled after the order confirmation email is sent.

6. Pricing and Payment

6.1 Prices

• All prices are displayed in Georgian Lari (GEL)
• Prices include VAT at the applicable rate
• Delivery charges are shown separately at checkout
• Prices are subject to change without notice

6.2 Pricing Errors

If a pricing error occurs:

• We will notify you as soon as possible
• We are not obligated to fulfill orders at incorrect prices, even after order confirmation
• You will be offered the option to purchase at the correct price or cancel with full refund

6.3 Payment Methods

We accept the following payment methods:

• Credit/Debit Cards (Visa, Mastercard)
• Google Pay
• Apple Pay

6.4 Payment Processing

• Payment is processed immediately upon order placement
• You are redirected to a secure payment gateway
• QARTA does not store your card details
• Payment must be completed in full before order processing begins

6.5 Payment Security

All payments are processed through secure, PCI-compliant payment gateways. We do not have access to your full card information.

7. Delivery

7.1 Delivery Area

We currently deliver within Georgia only.

7.2 Delivery Information

• Delivery timeframes will be communicated at checkout
• Estimated delivery dates are approximate and not guaranteed
• We will notify you by email and/or SMS when your order is dispatched
• Delivery is fulfilled Monday through Saturday

7.3 Delivery Address

• You must provide a complete and accurate delivery address
• We are not responsible for delays or non-delivery due to incorrect address information
• You cannot change the delivery address after order confirmation

7.4 Delivery Costs

Delivery charges are calculated at checkout based on:

• Order value
• Delivery location
• Selected delivery method

7.5 Failed Delivery

If delivery fails due to:

• Incorrect address provided by you
• Recipient unavailable at delivery address
• Refusal to accept delivery

You will be contacted to arrange re-delivery, which may incur additional charges.

7.6 Risk and Title

• Risk of loss transfers to you upon delivery
• Ownership transfers to you once payment is received in full

7.7 Delivery Delays

We are not liable for delays caused by:

• Courier service issues
• Weather conditions
• Natural disasters
• Civil unrest
• Other events beyond our reasonable control

8. Returns and Refunds

8.1 Nature of Products

Our photobooks are personalized products made specifically to your specifications. Under Georgian consumer protection law, personalized products cannot be returned for a refund due to change of mind.

8.2 Defective Products

If your photobook is defective or damaged, you may request a replacement or refund within 7 days of delivery if:

• The product has printing faults
• The product is damaged due to manufacturing or shipping defects
• The product does not match what you ordered (our error)

8.3 Refund Process

To request a refund or replacement:

1. Email hi@qarta.ge within 7 days of delivery
2. Include your order number
3. Provide clear photos of the defect or damage
4. Describe the issue in detail

We will review your request and respond within 5 business days.

8.4 Customer Errors

We do NOT provide refunds or reprints for:

• Spelling or grammatical errors in your content
• Low-quality photos you uploaded
• Color variations due to screen differences
• Layout or design choices you made
• Wrong quantity ordered
• Incorrect delivery address provided by you

8.5 Refund Method

If a refund is approved:

• Full refund of product cost plus delivery charges (if applicable)
• Refund processed within 14 business days
• Refund issued to original payment method

8.6 Replacements

If a replacement is approved:

• We will reprint and ship at no additional cost to you
• Estimated timeframe will be communicated

8.7 One Remedy Only

You may choose either a refund OR a replacement, not both.

9. Communications

9.1 Service Communications

By creating an account, you agree that we may contact you via:

• Email to your registered email address
• SMS/phone to your registered mobile number

For purposes of:

• Order confirmations
• Dispatch notifications
• Delivery updates
• Service-related announcements
• Responding to your inquiries

9.2 Marketing Communications

We may send you marketing communications with your consent. You can opt out at any time by:

• Clicking "unsubscribe" in any marketing email
• Contacting us at hi@qarta.ge
• Adjusting preferences in your account settings

9.3 Important Notices

You cannot opt out of important service-related communications regarding your orders or account.

10. Intellectual Property

10.1 QARTA Ownership

All content on our Website, including but not limited to:

• Website design and layout
• QARTA logo and branding
• Software and code
• Templates and design tools
• Text, graphics, and images

Are owned by or licensed to QARTA and protected by Georgian and international intellectual property laws.

10.2 Restrictions

You may not:

• Copy, reproduce, or distribute our Website content
• Modify or create derivative works
• Use our logo or branding without written permission
• Reverse engineer our software or services
• Use automated tools to scrape or access our Website

10.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website and services for personal, non-commercial purposes only.

11. Limitation of Liability

11.1 Service Provision

Our services are provided "as is" without warranties of any kind, express or implied.

11.2 Liability Cap

To the maximum extent permitted by Georgian law, our total liability for any claim arising from your use of our services shall not exceed the amount you paid for the specific product or service giving rise to the claim.

11.3 Exclusions

We are not liable for:

• Loss of profits, revenue, or business opportunities
• Loss of data (except as caused by our gross negligence)
• Indirect, consequential, or incidental damages
• Delays or failures due to circumstances beyond our control
• User-generated content errors or quality issues
• Unauthorized access to your account due to your failure to secure your credentials

11.4 Mandatory Liability

Nothing in these Terms limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited under Georgian law

12. Privacy and Data Protection

12.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms and Conditions.

12.2 Data Controller

QARTA (შპს მფრინავი სპილო) is the data controller for your personal information.

12.3 Your Commitment

Please review our Privacy Policy to understand how we handle your personal data.

13. User Conduct

13.1 Prohibited Activities

You agree not to:

• Use our services for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Website
• Transmit viruses, malware, or harmful code
• Impersonate another person or entity
• Harass, threaten, or abuse our staff or other users
• Use our services in violation of any Georgian law

13.2 Consequences

Violation of these conduct rules may result in:

• Immediate account termination
• Order cancellation without refund
• Legal action as appropriate
• Reporting to relevant authorities

14. Termination

14.1 By You

You may terminate your account at any time by:

• Contacting us at hi@qarta.ge
• Your photos will be deleted immediately upon account closure
• Outstanding orders will still be fulfilled

14.2 By Us

We may terminate or suspend your account immediately if:

• You breach these Terms and Conditions
• We suspect fraudulent or illegal activity
• Required by law or legal authorities
• We cease providing the service

14.3 Effect of Termination

Upon termination:

• Your access to the service will be revoked
• Your photos will be deleted from our servers
• Outstanding orders will be handled as appropriate
• These Terms survive termination where applicable

15. Governing Law and Disputes

15.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Georgia.

15.2 Jurisdiction

You and QARTA agree that any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Georgia, specifically the Tbilisi City Court.

15.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to:

1. Contact us at hi@qarta.ge to resolve the matter informally
2. We will respond within 5 business days
3. We will work in good faith to reach a resolution within 30 days

15.4 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under Georgian law.

16. General Provisions

16.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and QARTA.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to a third party.

16.5 Force Majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• War or civil unrest
• Government actions
• Internet or telecommunications failures
• Pandemics or health emergencies

16.6 Language

These Terms are provided in English. In case of any discrepancy between English and Georgian versions, the Georgian version shall prevail.

17. Contact Us

For any questions, concerns, or requests regarding these Terms and Conditions:

Email: hi@qarta.ge

Postal Address:
QARTA (შპს მფრინავი სპილო)
14 Merab Kostava St, Tbilisi, 0108, Georgia

By using QARTA's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.